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Contracts Keyed to Calamari
Hoffman v. Horton
Facts
The Defendants, Howard P. Horton, his wife and Ralph R. Kaul and his wife (the "Defendants"), were the owners of the "Field Tract". The property was for sale during a foreclosure sale. During the foreclosure sale, the Plaintiff, Hubert N. Hoffman (the "Plaintiff"), made a bid of $177,000, which was accepted by the auctioneer. To signify that the bidding was closed, the auctioneer "struck the palm of his left hand with his right fist." One of the trustees quickly approached the auctioneer and informed him that he missed a bid of $178,000 for the property. The auctioneer re-opened the bidding over the Plaintiff's objections, and the Plaintiff eventually had to pay $194,000 to purchase the property. The Plaintiff eventually paid the entire purchase price under protest and brought this action against the Defendants and the trustees for $17,000, the difference between the two bids in dispute. The trial court ruled against the Plaintiff. The trial court found that the $178,000 bid was made "prior to or simultaneously with" the falling of the auctioneer's fist. As such, the court held the $178,000 bid was made before the $177,000 bid was accepted.
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